Please Read Carefully Before Using This Website:
A. INFORMATION COLLECTION
1. Information Submitted by You
For browsing certain portions of the Site, we do not require your personal information. There are other portions of the Site where you will be given the option to provide or confirm your personal information via online forms. The information that you provide may include your name, gender, email address, phone number, name of assistant, bar admissions, bar numbers, dates of bar admission, law school, mediation training, firm name, and other details. You may also provide information relating to the other party(ies) involved in your case, including the name of the party, type of entity (corporations or individual), parent entity, gender, education level, income range, type of industry, contact information, andother details. You represent that you have permission to enter all information submitted by you. After entering your information, you may also select to receive optional services from us, such as receiving future promotional or informational communications from us. We may also request personal information to provide you the opportunity to participate in voluntary surveys on the Site. Depending on your requests for services from PictureItSettled, additional information may also be collected. It is at your discretion and determination whether to provide personal information to us.
You are solely responsible to maintain the appropriate confidentially practices and compliance with law when using the Site services to participate in your case. You shall comply with all contractual and statutory obligations regarding the use of the other parties’ information when using the Site to communicate. PictureItSettled makes no representations that communications between parties will be considered confidential under Federal Rule of Evidence 408 or similar state statutes. You should use your professional judgment to decide which parties should be granted access to your profile and the items you upload to the Site.
3. Automatic Gathering of Non-personal Information
We may collect certain information from you automatically when you visit our Site, which may include the name of the domain and host from which you access the Internet; the Internet protocol (IP) address of your computer; the type of browser and software operating system you use; the date and time you access the Site; and the Internet address of the website from which you linked to the Site.
The Site also uses “cookies.” Cookies are small pieces of information that the Site places on your computer’s hard drive. Most web browsers automatically accept cookies, but if you prefer, you can edit your web browser settings to block them in the future.
B. Use of the Information
1. Your Control Over Your Profile
You can change who has access to your profile information by changing your profile settings. By default, certain identifying information you post to your profile, such as your screen name and full name are available to anyone visiting the Site. However, you can control what types of profile information you share with your mediator, with your firm, or with the other party(ies) in your case at your discretion. We will not provide your personal information to third parties without your consent and we are not responsible for any use of your personal information by mediators or other party(ies) once shared by you.
2. Your Control Over Submissions
Personal information is collected so that, when you use the Site, you may upload files and communicate with other parties involved in your selected case(s). If you so choose, the mediator, affiliated entities, and/or opposing parties also may see messages and files you submit to the Site, depending of the access level you decide to grant. Specifically, you may set certain items to be visible only by you and PictureItSettled. You may also set certain items to be visible only by affiliated entities on your side of the case, only by mediator, or by both. You may also set certain items to be visible to all parties involved in the selected case, including the mediator. We will not provide your messages and files to third parties without your consent and we are not responsible for any use of your messages and files by mediators or by other party(ies) once shared by you.
3. Aggregation of Data
One of the purposes of the Site is to facilitate empirical work on concession rates and the time it takes to reach concessions. To that end, we collect data on the offers made on the way to successful outcomes. If you send messages or upload content, any information you submit, along with your profile information, may be collected, analyzed, researched, mined, and otherwise queried by PictureItSettled. PictureItSettled may disclose this information to third parties in databases, reports, summaries, compendiums, charts, analyses, or other works that may be created by PictureItSettled, its affiliates, or its licensees, but only after making reasonable efforts to aggregate and anonymize the data presented so as to remove information that may identify particular parties. You agree not to take any action that may result in the unmasking or removal of such anonymity. If you wish to keep any information completely out of this aggregated data, you must not submit such information to the Site or to PictureItSettled.
4. Messages Via the Site
We may send you email alerts in response to requests by mediators or other parties involved in your case through the Site. For instance, a mediator may submit a proposed meeting date via the Site, and you may receive an email alerting you to that fact. You may opt out of such emails by editing your notifications settings in your profile.
5. Periodic Contacts
We may occasionally use your name and email address to send you notifications regarding new services offered by the Site that we think you may find valuable. If you wish to unsubscribe from promotional emails, you may do so by editing the notification settings in your personal profile or by following the unsubscribe instructions included in each email. If you do not want to receive email or other mail from us, please contact us at don.philbin@PictureItSettled.com.
6. Other Permitted Uses of Your Information
We may disclose your personal information to our affiliates, agents, and any third party that administers any service or promotion via the Site on our behalf, such as our email service provider. When you sign up to receive emails, we will share your email address with our email service provider.
We may disclose part or all of your personal information when we believe, in good faith, that the law requires or compels such disclosure, or when we have a reason to believe that disclosure is necessary to protect our rights or property, the rights of another, or to prevent harm. Further, we may disclose personal information provided by you as part of any merger, sale, or other acquisition of some or all of our organization or its assets.
We may disclose aggregated data and statistics in order to describe the Site to prospective partners, advertisers, and other third parties, and for other lawful purposes. This allows us to gather and publish statistics about users and mediators and to personalize services and promotions. When we aggregate and share information in your profile with advertisers, we do not identify you as an individual. For example, we may allow advertisers to display an advertisement in response to keywords you have entered into your profile, but we do not disclose your personal information to such advertisers.
7. Your Choices
We do not require you to provide personal information in order to visit the Site. However, if you choose not to provide personal information, your ability to use all of the Site’s services will be limited and you may not receive the information that you request. By choosing to provide personal information, you agree to the terms of this Policy.
Access and control over most personal information submitted by you to the Site is available through the personal profile management link. You may modify or delete your profile information by logging into your profile. Removed information may persist in backup copies, but will not be readily available to PictureItSettled, mediators, or others. If you post messages directed toward a mediator or another party, however, you cannot remove such communications.
C. UNDERAGE CUSTOMERS
The Site is not designated nor intended to collect information from children under the age of 18. In addition, we do not knowingly collect information from children under the age of 18. If you are younger than age 18, you may use our Site only with the permission and involvement of your parents or guardian.
D. LINKS TO THIRD-PARTY WEBSITES
When you click on links on our Site that take you to third-party websites, you will be subject to the third parties’ privacy policies. We cannot and do not accept responsibility for the contents or actions of any third-party websites. We encourage you to read the posted privacy statement of every site you visit, whether you are linking from our Sits or browsing on your own.
F. HOW TO CONTACT US
If you would like to request additional information regarding this Policy, or have questions regarding the same, please contact us at:
Donald R. Philbin, Jr.
Picture It Settled, LLC
P.O. Box 12367
San Antonio, Texas 78212